IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT. JUSTICE ANURADHA SHUKLA th ON THE 5 OF JULY, 2023 CRIMINAL REVISION No. 2612 of 2023 BETWEEN:-

BHANU S/O RAM MILAN, AGED ABOUT 29 YEARS, R/O NARSINGHGARH, DISTRICT DAMOH (MADHYA PRADESH)

.....APPLICANT (BY SHRI SHUBHAM BHARDWAJ - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION DAMOH DEHAT DISTRICT DAMOH (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PRASANNAJEET CHATTERJEE - PANEL LAWYER)

Reserved on : 1.7.2023 Pronounced on: 5.7.2023 ________________________________________________

This revision coming on for hearing this day, the court passed the following:

ORDER

The applicant stands convicted by both the courts below for Sections

279 and 338 of IPC and sentenced to undergo RI for three months and a fine of Rs.1,000/-, under Section 338 of IPC and also for Section 3/181 as well as Section 77/177 of the Motor Vehicles Act and sentenced to undergo imprisonment "till the rising of the Court" with a fine of Rs.500/- and only to a fine of Rs.100/- respectively, with default stipulations. The judgment of JMFC Signature Not Verified Damoh was passed in RCT No.2100255/2016 on 29.10.2021 and it was confirmed by the impugned judgement passed by Sixth Additional Sessions Judge, Damoh, on 14.6.2023 in Criminal Appeal No.51/2021. Against this impugned judgment the present revision petition has been filed.

2. The facts of the prosecution case are that on 16.12.2015 at around

17:20 p.m., the victim was going from Narsinghgarh to Damoh on his motorcycle. His companions were also on their own motorcycles. The victim was driving on the left side of road within the prescribed speed limit. Near the over-bridge, the applicant coming on his motorcycle from the opposite side dashed against the vehicle of victim. The accident occurred because the applicant was driving his vehicle on the wrong side. The victim as well as the applicant suffered injuries and cross-cases were registered against them. The investigation was completed and the applicant was put on trial in which he was convicted and sentenced along with co-accused Ram Milan. The conviction and sentence of applicant were upheld by the impugned judgment.

3. This revision has been preferred on the ground that the courts below failed to appreciate the evidence in correct perspective. The incident was not seen by any of the witnesses, yet the courts considered them to be the eyewitnesses. It was admitted by alleged eyewitness Ashok Patel that he did not give any statement to the police and he was asked to sign on blank papers. There was no evidence regarding the alleged negligence and rashness on the part of applicant. The Investigating Officer failed to conduct proper investigation, still his testimony was relied upon by the courts below. Based on these grounds, it is prayed that the impugned judgment of conviction and sentence be set aside in this revision petition.

Signature Not Verified

4. Learned counsel for the State has opposed the revision stating that the judgment does not call for any interference as it is in accordance with the facts established and prevalent laws.

5. Heard learned counsel for the parties, perused the judgments and records of both the courts below.

6 . The present applicant is held convicted for driving a motorcycle without possessing a valid driving licence, without there being any number plate on the vehicle for driving his vehicle rashly on the wrong side of road and for dashing it against the motorcycle of the victim which was coming from the opposite direction. It is claimed by the applicant that he reported the matter of rash and negligent driving and causing accident against the victim. This fact has been admitted by victim Madhav Pateriya (P.W.3) in para 6 of his statement wherein he has disclosed that Case No.339/2016 is pending against him regarding this accident in the Court of JMFC Damoh. During final arguments, learned counsel for the applicant has revealed that the criminal case registered